Law: Industrial Disputes Ordinance, (LVI of 1959)

Section: 31

Industrial Disputes Ordinance (L VI of 1959), S. 31-Industrial dispute-Leave on medical grounds-Departmental instructions requiring certificate in support of sickness to be produced from Departmental Doctor or Government Medical officer and from Private Registered Medical Practitioner in, case no such doctor available- Worker, however, could seek services of Depart mental or Government Doctor only after obtaining docket letter from Department-Department not permitting worker to obtain such docket letter and, in circumstances, worker submitting certificate from Private Registered Medical Practitioner-Order refusing leave and not allowing him pay for period involved, in circum stances, held, amounted to alteration of conditions of service and hence set aside--Worker allowed pay for period involved. Date of hearing: 10th June 1970. ORDER This is an appeal against an order of the learned Chairman of the Labour Court (Central Zone), dated the 2nd of March 1970, whereby the learned Chairman dismissed the application of the appellant under section 31 of the Industrial Disputes Ordinance, 1959 (hereinafter called the Repealed Ordinance). The facts giving rise to the present appeal briefly put are these. The appellant made an application under section 31 of the Repealed Ordinance on the ground that the conditions of his service in respect of leave have been altered with the result that he had not been given the pay for the period from 20th of January 1966 to the 14th of April 1966. The learned Chairman of the Labour Court dismissed the application after arriving at the following conclusion: "There is no doubt whatsoever that the medical certificates submitted by the petitioner in support of his leave application for the period in question did not conform to the requirements laid down in advance by the respondent in regard to the submission of medical certificates by the respondent's employees." The short question for my consideration on the conclusion arrived at by the learned Court is as to whether the certificates produced by the appellant were in conformity with the instructions issued by the Department. It would be necessary to reproduce the…